Bryan et al v. Wal-Mart Stores Inc. et al

Filing 335

ORDER DENYING DEFENDANT'S MOTION TO SEAL 323 . (Illston, Susan) (Filed on 7/20/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHARLES RIDGWAY, et al.,

Case No. 08-cv-05221-SI

Plaintiffs,
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v.

ORDER DENYING DEFENDANT'S
MOTION TO SEAL

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WAL-MART STORES, INC.,

Re: Dkt. No. 323

Defendant.

United States District Court
Northern District of California

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Currently before the Court is defendant’s administrative motion to seal a document in

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support of its motion to dismiss. Docket No. 323. Having considered the papers filed, including

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the motion, the declaration of Jenna M. Yott in support of the motion, and the document proposed

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to be sealed, the Court DENIES defendant’s motion without prejudice.

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BACKGROUND

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On July 8, 2016, defendant Wal-Mart Stores, Inc. (“Wal-Mart”) filed a motion to dismiss,

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inter alia, the claims of class member Kevin Putnam. Docket No. 321. Wal-Mart claims that

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Putnam “previously agreed to a general release of all claims against Wal-Mart as part of a

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settlement in an unrelated matter, and that release covers Putnam’s claims in this action.” Id. at 1.

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That same day, Wal-Mart filed an administrative motion to seal the settlement agreement

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between Putnam and Wal-Mart. Docket No. 323. According to Wal-Mart, during Putnam’s

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March 2016 deposition, the document “was marked ‘as confidential pursuant to the [P]rotective

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[O]rder’ and plaintiffs’ counsel ‘ask[ed] that it be attached separately and treated as confidential.’”

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Id. at 1. Wal-Mart contends that the document “contains sensitive information that Mr. Putnam

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and Wal-Mart agreed to keep confidential, and the parties would be harmed if this information

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were made public.” Id. Wal-Mart also filed a proposed “redacted” version of the document,

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which redacts the text of the eleven-page document in its entirety. See Docket No. 323-2.

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Wal-Mart states that it attempted to meet and confer with plaintiffs’ counsel regarding the

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requested relief, but that it received no response. Id. Plaintiffs filed no opposition to Wal-Mart’s

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motion to seal.

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LEGAL STANDARD

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With the exception of a narrow range of documents that are “traditionally [] kept secret,”

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courts begin their sealing analysis with “a strong presumption in favor of access to court records.”

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Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1134-35 (9th Cir. 2003). “Reference to a

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United States District Court
Northern District of California

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stipulation or protective order that allows a party to designate certain documents as confidential is

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not sufficient to establish that a document, or portions thereof, are sealable.” Civ. L.R. 79-

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5(d)(1)(A). “A sealing order may issue only upon a request that establishes that the document, or

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portions thereof, are privileged, protectable as a trade secret or otherwise entitled to protection

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under the law . . . .” Civ. L.R. 79-5(b). In addition, all requests to file under seal “must be

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narrowly tailored,” such that only sealable information is sought to be redacted from public access.

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Id.

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When applying to file documents under seal in connection with a dispositive motion, the

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party seeking to seal must articulate “compelling reasons supported by specific factual findings

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that outweigh the general history of access and the public policies favoring disclosure, such as the

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public interest in understanding the judicial process.” Kamakana v. City and County of Honolulu,

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447 F.3d 1172, 1178-79 (9th Cir. 2006) (internal quotations and citations omitted). Where a party

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seeks to seal documents attached to a non-dispositive motion, a showing of “good cause” is

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sufficient. Id. at 1179-80; see also Fed. R. Civ. P. 26(c). Because a motion to dismiss is a

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dispositive motion, the “compelling reasons” standard applies here. See Koninklijke Philips N.V.

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v. Elec-Tech Int'l Co., No. 14-CV-02737-BLF, 2015 WL 581574, at *1 (N.D. Cal. Feb. 10, 2015).

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DISCUSSION

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The Court finds that Wal-Mart has not met its burden to obtain a sealing order. Wal-Mart

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offers only that the document sought to be sealed was designated as confidential pursuant to the

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protective order, and that the document “contains sensitive information.” See Docket No. 323 at

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1. However, reference to the protective order “is not sufficient to establish that a document, or

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portions thereof, are sealable.” Civ. L. R. 79-5(d)(1)(A). Wal-Mart makes no attempt to explain

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why public filing of the document in question would cause harm to itself or to Putnam. Wal-Mart

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states only that “the parties would be harmed if this information were made public.” See Docket

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No. 323 at 2. Wal-Mart fails to offer a “compelling reason[]” to overcome strong public policy

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favoring disclosure. See Kamakana, 447 F.3d at 1178.

United States District Court
Northern District of California

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Additionally, Wal-Mart’s proposed redactions are not narrowly tailored, as Wal-Mart

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proposes to seal the entirety of the agreement. See Civ. L.R. 79-5(b); see also Verinata Health,

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Inc. v. Ariosa Diagnostics, Inc, No. 12-CV-05501-SI, 2015 WL 1885626, at *1 (N.D. Cal. Apr.

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24, 2015) (denying a motion to seal where defendant “failed to narrowly tailor its redactions.

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[Defendant] propose[d] to seal whole pages of the transcript[.]”).

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For the above reasons, the Court DENIES the motion to seal. Defendant may file a new

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motion that complies with Civil Local Rule 79-5. The new motion must indicate why the

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information is sealable, must be narrowly tailored to seal only sealable material (if any), and must

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describe what specific harm or prejudice will result if the exhibit is not sealed.

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CONCLUSION

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For the foregoing reasons, Wal-Mart’s administrative motion to seal is DENIED without
prejudice to the parties' filing a new motion.

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IT IS SO ORDERED.
Dated: July 20, 2016
______________________________________
SUSAN ILLSTON
United States District Judge
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